A Florida quitclaim deed grants a property owner (the grantor) the ability to transfer rights and ownership of their property to another party (the grantee). The document does not guarantee the title’s status or the seller’s ownership, so it works best between trusted parties.
How to File
Getting a quitclaim deed filed correctly in Florida starts with a few important steps. From gathering your documents to recording the transfer with the county clerk, here’s how to move through the process with confidence.
Step 1: Research Your County
Contact the county clerk’s office in the county where the property is located or look it up online. Determine:
- The registration fees in your county.
- Any extra paperwork, such as a Property Transfer Information Form, that may be required for your county.
- The Appraiser’s Parcel ID (Fla. Stat. § 689.02), which is the unique identification number assigned to a property by the city or county. It is mandatory to include this number on relevant forms, or at least provide a designated space for it.
- Whether you will need to provide a self-addressed, stamped envelope (SASE) for the return of your quitclaim deed and documentation (some counties require it).
Step 2: Gather Your Documents
Not only do you need a copy of your deed, you need any other necessary materials, which may include:
- The current title for the property, since it contains relevant information like the legal description.
- The Property Transfer Information Form for your county.
- Your ID, since you will need to provide proof of identity to the notary.
Gathering your materials ahead of time will make it easier to prepare your quitclaim deed and ensure that you have everything you need.
Step 3: Fill Out the Quitclaim Deed
Prepare your document using the language and information laid out in Fla. Stat. § 689.025 or a quitclaim deed form. Here is what you will typically need to fill out the form:
- Party Information: This includes the names and addresses of both the person giving the property (grantor) and the person receiving it (grantee). If the grantor is married, their spouse’s name and signature should be on the deed, even if the property is only in the grantor’s name.
- Sale Price: The consideration paid for the property.
- Property Details: This covers the property’s location, unique parcel ID number, when it was officially recorded, and legal description.
- Previous Ownership Information: This section includes details about any previous transfers of ownership, like the volume and page number of records and the original owner.
- Signatures: The grantor, their spouse (if they’re married), and any witnesses must sign the deed in the presence of a notary public.
Consideration Requirement
For a deed to be legally valid in Florida, it must involve consideration, which refers to the price or value the buyer gives the seller for the property. If you wish to transfer ownership without payment, you can specify a nominal consideration of $10.
Step 4: Visit a Notary
In Florida, a Quitclaim Deed must be signed by the grantor, and if married, both the grantor and their spouse, even if only the grantor’s name is on the title. The signature will be on the last page of the document, above the grantor’s printed name.
This signing occurs in the presence of one or more witnesses and a notary public, per Fla. Stat. § 689.01.
The notary will verify the identities of the signers and ensure the witnesses sign in their presence before notarizing the deed. After notarization, the grantor should deliver the signed and notarized deed to the grantee. The grantor might also ask the grantee to sign a receipt confirming they have received the deed.
Step 5: Take the Form to the County Clerk’s Office
The grantee should make copies of the Quitclaim Deed and record it at the Florida County Clerk of Court office where the property is located. This means submitting the document to the county’s official records and paying a fee for this service. The fee is typically about $10 for a one-page quit claim deed, but fees may vary by county, so you should research your particular county ahead of time.
Recording the Quitclaim Deed publicly shows the grantee as the new property owner, completing the title transfer.
Costs and Fees
Before filing a quitclaim deed in Florida, it’s important to understand the potential costs and taxes involved. Knowing what to expect can help you budget for recording fees, transfer taxes, and any federal obligations tied to your property transfer.
Filing Fees
- The cost to file the deed is set by each county. Do your research based on your location.
- You can expect an average $10 fee for filing a simple one-page deed. Additional pages filed with it will increase that cost.
Taxes
Using a quitclaim deed in Florida may bring about several taxes:
1. Documentary Transfer Tax
The state charges a transfer tax, also known as a Documentary Stamp Tax, for filing a quitclaim deed or any other type of real estate transfer. Typically, the tax rate is $.70 per $100 of the total consideration paid for the property.
However, in Miami-Dade County, the cost is $.60 per $100 of consideration for a single-family residence and $.60 per $100 plus a $.45 surtax per $100 for properties other than single-family residences, including multi-family properties and commercial properties.
Who Pays the Transfer Tax?
- The Documentary Stamp Tax is typically paid by the grantor.
Exemptions to Transfer Tax
Fla. Stat. § 201 lays out several potential exemptions to the state real estate transfer tax, including:
- Quitclaim deeds intended to correct an error in a previous title or deed.
- Conveyances between parties otherwise exempt from paying taxes.
- Release of a mortgage.
- Gifts of unencumbered property.
- Property transfers with only nominal consideration.
- In some cases, transferring a marital home between spouses.
Consult an accountant or tax professional if you have questions about whether your transfer is exempt.
2. U.S. Gift Tax (Form 709)
The federal gift tax is assessed on gifts of high monetary value. While there are some exemptions for gifts between relatives, real estate transactions often have enough value to be above that threshold. As a result, the IRS may assess a gift tax based on the assessed value of the property.
Typically, this tax is paid by the grantor; however, the grantor and grantee may arrange for the grantee to pay for the property. Florida does not impose a separate gift tax.
3. Capital Gains Tax
The IRS assesses a capital gains tax when the value of a piece of property, including real estate, appreciates significantly between the time the owner purchases the property and sells it. Often, real estate appreciates significantly in value, which means that the current owner can face significant capital gains taxes upon the sale.
Gifting the property can alleviate the need to pay this tax, but it means that the current owner will not receive a fair profit on the sale, and it may trigger the gift tax. Florida does not impose a separate capital gains tax.
Florida Quitclaim Deed Requirements
Florida has clear rules for creating and filing a quitclaim deed to ensure a smooth and legally valid property transfer. Meeting these requirements helps you avoid mistakes that could delay or invalidate the transaction.
Legal Framework
Chapter 689 and Chapter 695 of the Florida Statutes cover the quitclaim deed requirements. Fla. Stat. § 689.025 lays out sample language for a quitclaim deed. While this language does not have to be used precisely, it does provide a clear format and content guidelines for the document.
Legal Description
- A blank space should be provided for the parcel identification number assigned to the property, which should be entered if it is available before recording. However, the absence of this number doesn’t affect the deed’s validity or recordability (Fla. Stat. § 689.02).
- State law only explicitly addresses lot and block descriptions in Fla. Stat. § 177.021 (Legal status of recorded plats) and condominium parcels in Fla. Stat. § 718.109 (Legal description of condominium parcels).
- Including a description in a conveyance instrument renders it a legal description according to general legal practice. It needs to be legibly printed, typewritten, or stamped on the deed.
Signing
- According to Fla. Stat. § 689.01 and Fla. Stat. § 695.26, a quitclaim deed must be signed by the grantor in the presence of a notary public and two witnesses in order to be considered valid.
Terminology
- There are no specific statutory requirements for the language to be used in a quitclaim deed.
Additional Documents
Whether you need to file additional documents with your quitclaim deed will depend on the individual county where the form is submitted. In Florida, each county can set its own requirements, which may include:
- Providing a self-addressed, stamped envelope for the return of the completed deed.
- A Property Transfer Information Form.
Consult your appropriate county clerk’s office to determine the specific requirements.
Filing
- Once signed and notarized, all forms should be filed with the Clerk of County Court where the property is located.
Validity Requirements
A valid quitclaim deed in Florida must follow the same requirements as other deeds for formatting and submission:
- A blank space in the top right corner measuring at least 3 x 3 inches, according to Fla. Stat. § 695.26.
- Margins of at least 1 inch on all sides.
There aren’t any specific requirements for the paper size of submitted documents. However, if the paper is larger than the standard legal size (8 1/2 x 14″), Fla. Stat. § 28.24 notes that additional fees may be charged.
Content Requirements
Fla. Stat. § 689.025 establishes the basic formatting and requirements for quitclaim deeds. These include:
- The date of the property transfer.
- The name and address of the grantor.
- The name and address of the grantee.
- A legal description of the property.
- The funds or other consideration paid for the property.
A quitclaim deed that does not contain all relevant information may not be considered valid, which may mean that you have to go back and resubmit.
Quitclaim Deeds vs. Other Property Transfer Methods in Florida
Quitclaim Deed | Warranty-free property transfer method; avoids the need for complicated disclosures. Does not give the new owner legal rights if a lien or problem with the property is discovered. May require them to take out title insurance for additional protection. |
General Warranty Deed | Provides full warranty of title protection; typically used in real estate transactions when the parties do not know one another. Slower property transfer method; may ultimately prove more expensive. |
Special Warranty Deed | Guarantees the current owner of the property does not know about any liens or title issues. Does not convey full warranty protection to the new owner of the property, which can cause some issues. |
Life Estate Deed | Creates two interests in a property: the life interest, which allows the current property owner to own and use the property as they see fit during their lifetime, and the remainder interest, which allows the new owner to take over the property after the death of the current owner. |
Lady Bird Deed | Sometimes called an enhanced life estate deed, does not go into effect until the current owner dies; provides no recourse for the grantee if the grantor changes their mind or mortgages or sells the property. |
Sample Florida Quitclaim Deed
Explore a sample Florida quitclaim deed below. You can easily customize it using our document editor and download it as a PDF or Word file.
Frequently Asked Questions
How long is a quitclaim deed good for in Florida?
In Florida, a quitclaim deed is valid indefinitely once properly executed and filed with the county clerk’s office where the property is located. There is no expiration date or timeframe during which the deed becomes invalid. Once recorded, the quitclaim deed becomes a permanent part of the public records, documenting the transfer of ownership interest from the grantor to the grantee.
It’s essential to ensure that the deed is accurately completed, signed, notarized, and filed according to the state’s legal requirements to ensure its validity and enforceability for as long as the property ownership remains relevant.
Can a quitclaim deed be contested in Florida?
Contesting a quitclaim deed in Florida is feasible in situations involving fraud, coercion, or undue influence during its execution.
Lack of legal capacity on the grantor’s part or material errors in the deed can also warrant contestation. Typically, contesting entails legal proceedings where evidence is presented to support the challenger’s claim in court.
Does a quitclaim deed have to be recorded to be valid in Florida?
Failure to record a quitclaim deed does not invalidate the transfer of ownership between the parties involved. However, unrecorded deeds may bring about potential challenges to ownership or difficulties in proving ownership rights in the future.
Therefore, it’s highly recommended that the quitclaim deed be recorded promptly after its execution to ensure its validity and to protect the interests of both the grantor and the grantee.
How long does it take for a quitclaim deed to be processed in Florida?
The processing time for a quitclaim deed in Florida can vary depending on several factors, including the workload of the county clerk’s office where it’s filed and whether all necessary documents are properly completed and submitted.
Generally, once the deed is submitted for recording, it may take a few days to several weeks for it to be processed and officially recorded. However, some counties offer expedited processing services for an additional fee, which can shorten the processing time significantly.